Tuesday, June 7, 2011

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  • gneerajg
    07-27 02:03 AM
    Hi,
    I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not

    Neeraj





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  • drirshad
    07-09 04:56 AM
    LCA at 485 level should not be considered and that could be the reason u never heard of one .....





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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • leo2606
    01-10 05:09 PM
    See my comments below.Answers are something I have used in my In Laws application.

    While filling the application online for parents visa interview what would be a better answer for the following questions:

    Who Will Pay For Your Trip?
    Children(in US)

    What would be a better answer?
    Self.
    OR
    Children(in U.S)
    Does it even matter?

    Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
    Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
    Bother/Sister etc.
    Mention about the people(siblings of parents) that are here
    Would it be better to say ?

    No
    OR
    Mention about the people(siblings of parents) that are here


    Was this Application Prepared by Another Person on Your Behalf? *
    (If answer is YES, then have that person complete item 40.)
    This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
    Should we say

    Yes
    OR
    No (When actually Children are filling the application.)

    Please Advice
    Thank you.



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  • GCHope2011
    05-21 09:00 AM
    What exactly does "OP" stand for?
    OP is the one who is putting "Topi" on everyone else...





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  • urstruly
    07-27 12:42 AM
    485 was approved on 7/26/07. Wife's 485 was delivered by Fedex to Nebraska Service Center on 7/19/07.

    Is wife OK and does this mean her 485 is pending(even though receipt is not sent by USCIS yet) or she is going to be out of status???

    Thanks,



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  • kumar_77
    08-01 11:16 AM
    Hello Core Members ,

    We are seeing that some applications are being returned by USCIS mail room people , for improper fees and missing forms . This looks to be a very bit issue for people who have filed the cases , during July . Its possible that the filers may have made any mistake or this can be a mistake of Mail room People too due to huge volume of applications they have received . During Normal process every one had a fair chance of applying again with in the current month or many times even the preceding months. This is definitely not the case this time. If some case is rejected after Aug 17, they will not be able to file I 485 for Years . Can any of the core members suggest a way to contact the USCIS or DHS people and get some relief from this , and allow to re file the I 485 .

    Thanks
    Kumar





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  • rick_rajvanshi
    08-29 12:56 PM
    I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.

    I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.

    Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.

    This is a process that has to evolve and please do not have expectations as to see results right away.

    However, if some one is ready to take the lead.... Please take over...


    First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.

    IV home page has not been updated for past 3 months or so.

    Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.

    Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.

    Dedicate few inches of space for today's IV headlines on our home page first.



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  • needhelp!
    11-05 06:27 PM
    ..





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  • jthomas
    01-08 07:10 AM
    Logically, one cannot do a job when they are in H4 visa. But if you are keen on doing a business in H4 visa, check the county rules. I don't think some countys are strict on the status of immigration.



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  • ajz3
    12-06 12:14 PM
    Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)





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  • BharatPremi
    12-05 05:09 PM
    BharatPremi,

    No offense, but why have you opened 2 threads with very similar information and questions?.

    Both threads can not be said "Similar". First one is related with Soft LUD and this one relates to strange 485 approval. So I do not know how did you derive similarity between them. Now general perception is that "SOFT LUD" means nothing. Mostly that perception seems to be correct but it is not always so. In my case, somebody at USCIS reentered the address and hence I got the soft LUD. When I called to USCIS I found about that and USCIS lady herself insisted then to verify my present address "because somebody made an entry today and that without change of address request". Another example I can give you is around 2 years back, I do not remember exact time period but general observation was after 10 days of having soft LUD on 485, people (Ofcourse some cases but considerable number so on many threads people discussed that at length...)used to see "Current" for visa bulletins and get card production ordered emails...



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  • martinvisalaw
    10-21 04:30 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.





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  • yabadaba
    07-24 08:07 AM
    <^^^^^^>
    <> <>
    |
    ____



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  • yabadaba
    07-18 11:00 AM
    i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.

    lets all contribute!!!!





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  • Blog Feeds
    09-01 10:00 PM
    This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.

    The following is a summary of these sweeping revisions.

    Introduction

    As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.

    Key Concepts of Mental Health

    In this new section, the Department defines the key concepts of physical and mental health disorders:

    A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.

    A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.

    "Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:

    1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
    2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
    3. Major property damage.

    NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.

    A "substance-related disorder" can involve one of the following:

    1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
    2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.

    Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."

    Class "A" medical conditions are those which render a visa applicant ineligible for a visa.

    Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.

    Alcohol Abuse or Dependence

    The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.

    Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.

    Role of the Panel Physician

    Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.

    Class "A" or Class "B" Medical Conditions

    Panel physicians may make the following diagnoses with regard to applicants referred for examination:

    Class "A": The applicant has a physical or mental disorder with associated harmful behavior.

    Class "A": The applicant has a disorder characterized by substance abuse or dependence.

    Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.

    Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.

    Class "B": The applicant's substance abuse or dependence is in full remission.

    Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.

    Waivers for Immigrant Visa Applicants

    An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).

    An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).

    An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).

    An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).

    Waivers for Nonimmigrant Visa Applicants

    Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).




    More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)



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  • sdrblr
    05-10 10:46 AM
    I sent one for my daughter's PIO 2 weeks ago and got it back on the 6th biz day. They do a great job for $12 service fee :)





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  • sroyc
    07-11 05:40 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!


    His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.





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  • DSLStart
    04-11 05:46 PM
    First, get a new attorney and have him file G-28 for your 485, that way you'll control your 485, and also start the job hunt.

    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.





    kanyewest
    04-22 11:39 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

    I thank you for your time in understanding this complex scenario.

    The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.

    If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?





    H1Girl
    04-08 10:09 PM
    Hi,

    I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...

    My Situation:

    1. Entered into USA using H1B Visa
    2. Changed the job and now working using EAD
    3. In othyer words, my status would be AOS Pending...

    Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...

    The nearest ones that I am thinking are "parolee" or "UNKNOWN"

    Has anyone faced the situation? Could you please help me?



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